The Supreme Court Holds the Line on Truth over Pretext
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
U.S. Freight Customers Increasingly Taxed by Higher Rail Rates
Policymakers should promote competition to combat a rise in real rates paid by rail shippers since 2000.
What Does Risk-Based Regulation Mean?
Risk-based regulation requires regulators to choose which decision-making principles to apply.
Should the United States Create a Human Right to Health Care?
Canada’s experience with treating health care as a right provides lessons for universal health care in America.
A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.
Improving Regulatory Decisions
Leading business, law, and government professionals study regulation in cutting-edge executive education course.
Considering Cumulative Regulatory Costs in Economic Analysis
The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.
Gundy, Nondelegation, and Never-Ending Hope
The intelligible principle standard lives to see another day—but for how long remains unclear.
FTC v. Qualcomm, Antitrust, and Intellectual Property
A significant federal court decision expands on the relationship between antitrust and intellectual property law.